Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1887-07-16
Land Dec1s1ons.

Digest of land decisions furnished tho INTER-OcEAN
by S. W. Snow, land attorney, 1888 7 street, Washing
ton D. c.:
Ser
vice-In computing the term of military
service to be deducted from the required
period of residence, the actual length of
the service should be allowed, as shown
by the records of the war department.
Sec'y to com'r, May 4, 1887, cas- Eldolph
Larbardie.
Approximation - Settlement Before
STANDARDIZATION Of a claim prior to
government survey, extent of cultivat-
able land falling within the lines of the
claim as finally surveyed, and valuable
improvements on each subdivision, con-
sidered sufficient reasons for waving
the. requirement of approximation
cite Council.
Practice Notice. When service of
notice by publication is properly made
the defendant is as much bound thereby
as though service had been personal, and
cannot be heard to allege want of actual
notice. 1t is not essential to allege, as
basis for publication of notice, that per-
sOnal service cannot be had within the
state.-Sec'y to com'r, May 10, case Roll
Inns VS.. Robbins.
Practice-Afidavit of Contest-Objec-
tions to the s%uff1ciency of tho matters
charged in the affidavit of contract, or to
the relevancy of the evidence under the
charge laid can be raised by the defend
ant Only.-Sec'y to com'r, May 10, case
Dolman VS.. Latshaw.
Entry of Meandered Stream.-An entry
including tracts lying upon tho opposite
sides of a moandered stream, made under
existing rulings and practice, will not be
disturbed.-Sec'y to com'r, May 10, case
James Stanley.
Pre-Emption.-An application for land
not intended to have been embraced with
in the original application cannot be
properly allowed as an amendment. If
the p%re-emptive right has once been ex-
ercised, there is no power, sayo in cor
gress, to authorize the exercise of
tho privilege again by tho same per-
son. A second filing is permissible UNI
der the law where the first was ineftect-
ual OH account ola prior adverse claim.
Where rights and equities are equally
title who was first in point of time
should be tollowed.-Sec'yt to com'r, May
20, case Goist VS.. Bottum.
Practice -COntinuance. - Motions for
continuance are addressed to tho sound
discretion of the local officer, but an
abuse ofsuch discretion will be correct
cd by the appellate tribunal. On the de-
euuaIL > ldllufe 10 Wit
nesses at the proper time the recall OF
said witnesses for such purpose should
DO at his expensc.-Sec'y to com'r, MAJ
81, case U. S.. VS.. Corners ct al.
Observation-Disclosures contest aft
davit is in tho nature Of al information,
and when it has been accepted, notice
issued, and service made thereof, juris-
diction is acquired. If the affidavit of
contest is defective the jurisdiction is not
affected thereby, and objection thereto
can only be raised at the hearing.-Sec'y
to com'r. May %. case Gotthelf vs.. Swim
son.
Survey.-Paymont of augmented rates
is no warranted, except on conclusive
showing of the plat and field notes. The
price fixed for the original survey of cx-
terror lines should be allowed for re.
establishing such lines where tho con-
tract authorizes such work, but does not
fix the price therefor.-Sec'y to com'r,
May 26, case Harry S. Church. :.
Practice -Appeal.-The circular in
structions and regulations in force rela-
tive to tho several classes of claims under
tho public land laws, are intended to be
in ~consonance with the law and with the
rules of practice, and to operate in har-
mony Herewith. III case Of hearing or
dered under mineral circular of Oct. 81,
the provisions of the rules of practice,
with respect to appeal, must be followed.
--Sec'y 10 com'r, May 26, case Stein VS..
Fisher.